2025:JHHC:27608 IN THE HIGH COURT OF JHARKHAND AT RANCHI M. A. No. 202 of 2016 Minee Devi, W/o Late Shyam Tudu, R/o Village-Raghunathpur, Tola Gundli Bera, P.O. & P.S.-Katras, Dist.-Dhanbad, Jharkhand .... …. Appellant Versus 1. The New India Assurance Co. Ltd. having its Divisional at Chhennai through Divisional Manager, New India Assurance Co. Ltd., B.P. Agarwala Building Dhansar, P.O. & P.S.-Bank More, Dist.-Dhanbad, Jharkhand 2. Smt. Rama Malhotra, W/o Dharmendra Malhotra, R/o Plot No. 44, Lajpatnagar, P.O. & P.S.-Lajpatnagar, Dist.-Alwar, Rajasthan .... .... Respondents ----- CORAM: HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY ----- For the Appellant : M/s Manjushri Patra & Mohua Palit, Advocates For the Insurance Co. : Mr. Amresh Kumar, Advocate Ms. Arpita Sinha, Advocate ----- Oral Order 22 / Dated : 10.09.2025 1. The present appellant is the legal heir and descendant of the original claimant-Shayam Tudu, who was injured in a motor vehicle accident on 24.01.2004 involving a truck bearing Registration No. RJ-02G-6981. In the said accident, he sustained 40% permanent disability and he was an employee of BCCL at the time of accident and the learned Tribunal has awarded compensation of Rs.1,00,000/- as a lumpsum to the original claimant. The claimant/injured preferred this appeal and during pendency of this misc. appeal, he died and has been substituted by his legal heir and descendant. 2. It is submitted by learned counsel for the appellant that the learned Tribunal has not awarded compensation as per the law settled by the Hon’ble Apex Court in (2022) 13 SCC 494 (Oriental Insurance Co. Ltd. Vs. Kahlon). He had suffered fracture in the accident resulting in shortening of his leg and his day-to-day activity was severely compromised. He has sustained mental and physical agony in the said accident. These were not considered while awarding compensation. 3. Learned counsel appearing on behalf of the Insurance Company has defended the impugned order and submitted that no pecuniary loss was 2025:JHHC:27608 2 suffered by the original claimant as he was a BCCL employee and no averment or evidence has been led to show that the said accident resulted in any loss of income or salary as he was treated at Central Hospital, BCCL, Dhanbad. Whatsoever medical expenses were incurred, the same were duly reimbursed and therefore, the award of compensation of Rs. 1,00,000/- for the accident which took place in 2004, cannot be said to be meagre. 4. Having considered the submissions advanced on behalf of both sides, I find merit in the submission advanced on behalf of the Insurance Company that the claimant did not suffer any pecuniary loss consequent to the accident. 5. However, considering the fact that the original claimant suffered the pain, trauma and mental agony on account of accident, he was kept under treatment for about two months and was hospitalized from 18.09.2006 to 04.11.2006 and lumpsum compensation of Rs. 1,00,000/- is enhanced to Rs. 1,50,000/-. 6. The Insurance Company is directed to make payment of the balance compensation amount with interest @ 7.5% per annum within one month from the date of receipt/production of a copy of this order. So far as the interest amount is concerned, it will be payable at the rate of 7.5% from the date of claim application. However, period from 2016 to 2025, when the appeal had abated due to non-substitution of the claimant, will be deducted. With this modification, this miscellaneous appeal stands disposed of. Pending I.A., if any, stands disposed of. (Gautam Kumar Choudhary, J.) AKT/Satendra